UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
March 20, 2012
AMOS E. MASON, PLAINTIFF,
VIRGIL SMITH, LIEUTENANT HOLTON, C/O OFFICER ROY, JAMES R. RYAN AND GRIEVANCE OFFICER JANE/JOHN DOE, DEFENDANT.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 46) of Magistrate Judge Philip M. Frazier recommending that the Court dismiss this action without prejudice for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a).
The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de novo the portions of the report to which objections are made. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).
The Court has received no objection to the Report. The Court has reviewed the entire file and finds that the Report is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 46), DISMISSES this case without prejudice for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a) and DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
J. Phil Gilbert
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